Misrepresentation, Fraud Claims to Proceed Against I-Flow in Pain Pump Case

CHICAGO - An Illinois federal judge has refused to dismiss negligent misrepresentation and fraud claims brought against the maker of a pain pump, ruling that the complaint sufficiently alleges that I-Flow Corp. misrepresented the safety of using the device intra-articularly. Clifton v. I-Flow Corp., No. 11-627 (N.D. Ill.).

However, in the Oct. 26, order, Judge Gary Feinerman of the U.S. District Court for the Northern District of Illinois dismissed the breach of warranty claim, ruling that it is time-barred.

In 2004, Oscar N. Clifton underwent shoulder surgery, after which Dr. James Hill affixed an I-Flow ON-Q pain pump which delivered …